Evidence Act, 1872, Section 32 -- Multiple dying declarations - If any inconsistencies/contradictions are found in the dying declarations, then dying declaration recorded before Magistrate or like higher officer is to be relied on subject to the indispensable qualities of truthfulness and being free of suspicion...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 447, 34 -- Two dying declarations - Murder - Deceased had given two dying declarations one before police and another before Magistrate and contents of both dying declarations are having material contradictions - However, there is no strong corroborative evidence, to support the claim of prosecution that..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Last seen evidence - Burden of proof - Allegation that deceased died due to strangulation by accused - However, accused reached home after the death of his wife/deceased - There is no evidence to prove theory of last seen together - Prosecution has not discharged the burden..........
Will -- Proof - Will is required to be proved as per S.63 of Succession Act r/w S.68 of Evidence Act, irrespective whether Will is contested or not...........
Indian Penal Code, 1860, Section 307, 506 -- Attempt to murder - Accused was not identified - Though in the FSL report, it was mentioned that empty cartridge was fired from licensed pistol of accused, yet in the absence of identity of accused, said fact alone cannot be a conclusive evidence to hold accused guilty - There were contradictions in the testimony of PWs..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death by burning - Deceased died within seven years of her marriage inside matrimonial home - She was subjected to harassment and cruelty - Deceased suffered 100% burn injuries - No explanation given by accused for burning body of deceased for cremation in order to remove the evidence, which was already suffered..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 3 years in filing appeal - No evidence was produced by petitioner for condoning delay apart from making a bald statement that he was mentally upset and not aware of proceedings - Delay cannot be condoned mechanically in absence of sufficient cause - Considering that there is an inordinate delay of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - No evidence is on record to the effect that procedure prescribed u/s 52-A(2), (3) and (4) of the Act was followed while making the seizure and drawing sample such as preparing the inventory and getting it certified by Magistrate - No evidence..........
Agreement to sell -- Specific performance - Suit for specific performance can be filed for enforcing an oral agreement - However, when specific performance is sought on the basis of written agreement and such document is marked in evidence then trial Court is required to appreciate such document...........
Agreement to sell -- Specific performance - When written agreement of sale relied upon by plaintiff has not been marked in evidence, question of appreciating any other averments made in plaint or in the written statement as the admission or otherwise would not arise...........
